Editor_4, Author at SCC Times

‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks

“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Hot Off The Press News

Kolkata Court finds Sanjay Roy guilty in RG Kar Rape & Murder Case

Sanjay Roy was the prime accused in RG Kar Rape Case, wherein the 31-year-old PG doctor was murdered and raped inside the hospital premises.

Case Briefs High Courts

Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC

“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”

Events/Webinars News

‘Mediation: A Critical Tool for Commercial Dispute Resolution’; ICA launches the ICA Rules of Commercial Mediation

On 14-01-2025, the Indian Council of Arbitration (‘ICA’) launched its Rules of Commercial Mediation in a symposium titled ‘Mediation: A Critical Tool for Commercial Dispute Resolution’.

Case Briefs High Courts

Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.

Case Briefs High Courts

Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming

“Everybody should be vigilant while making comments about others, whether they are men or women.”

Hot Off The Press News

Tamil Nadu Government invites suggestions for making State Amendments to the New Criminal Laws

The One-Man Committee constituted to study the new criminal laws and make recommendations is chaired by Retired Justice M. Sathyanarayanan.

Appointments & Transfers News

Justice Devendra Kumar Upadhyaya appointed as the Chief Justice of Delhi High Court

Justice Upadhyaya was elevated as the Chief Justice of Bombay High Court on 29-07-2023. On 07-01-2025, the Supreme Court collegium recommended to transfer him as Chief Justice of Delhi High Court.

Case Briefs High Courts

‘Bail in NDPS case on ground of undue delay in trial, unfettered by rigours of S. 37’; Punjab and Haryana HC grants bail to accused of selling narcotics pills

“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”

Case Briefs High Courts

‘Social media complaints cannot be seen as lacking in gravity’; Telangana HC denies relief to caterer whose license was terminated after customer complaints

“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”

Case Briefs High Courts

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

Case Briefs High Courts

Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son

“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Twin Conditions under S. 127 of Income Tax Act was not complied with’; Himachal Pradesh HC grants relief to assessee whose tax assessment was wrongly transferred

“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”

Case Briefs High Courts

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs High Courts

Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship

“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”